Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-09-23

NNlhHs AAAn lOllt ID AOlNtiNdtlOilnl III
ther than oratorical, but on occasions
he sends out some very fine phrases.
He stepped aside from his majestic ar
Rument, however, to express, quite
ironically, his profound admiration for
the newspaper press, especially when
they discussed legal and judicial ques-
tons.
PERSONAL.
Mr.. Chamberlain is past the middle
age. His moustache, once black, is
now getting gray, and his head is scant
Of hair-on the top, indeed, bare of
it. He was once Governor of South
Carolina, but when the people OF that
State ceased to love him and put Wade
Hampton in his place ne returned to
the North, and he is now New York
attorney with fine practice.
He agreed with Mr.. Royal that the
act in question was equivalent to a con
hscation OF the property in coupons ;
it was a measure TO prevent the proving
of the coupons genuineness. And he
went on to show what the laws, what
the circumstances, were when Cooper
and his associates acquired their cOu-
pons and these he pictured in com
parison with the States present atti-
tude towards them. "It is destruc-
ton, it is confscatioD. | might use
another term, but it is hardly forensic.
IT seeks TO destroy the entire property
in these coupons" e"
Mr.. Chamberlain argued all the ques-
tons of jurisdiction, remedy, &c, con-
cluding that they (the suitors) were in
the right court and course
TIE ATTORNEY GENERAL.
AT 2 p. NJ. Mr.. Ayers rose to speak
for the State--to support by argument
lis motion to dissolve the injunctions.
IN the very first place he insisted that
the Court was without jurisdiction, and
he pointed ont how adroitly the other
side had built up their fabric 50 rs TO
give jurisdiction, beginning with the
Virginia Steamboat Company's case,
where there is 10 question that the
amount involved is sufficient and the
parties aIe the taxpayers themselves.
Here they opprehend that the attorney
will bring suit. and that If | do Judge
Wexford viii not 90 his duty and de
clare the oct unconstitutional or, if
lie fails, that tie Supreme Court OF
Virginia viii not do It's duty; or, if it
fails, that the SupIcme Court OF the
United States Will not do its duty. The
Court Of Chancery is asked, il other
words, to take the jurisdiction simply
from the apprehension that the court
Of law will lot DO its duty; that the
court Of law won't declare the act I'M
constitutional If ii is. And this steam
lcat case is the strongest they have, for
there they have the amount and they
have the taxpayers rendering the cou-
pons.
Mir. Ayers, proceeding TO the Witt
case (2GS suits onjoined), declared and
quoted law and Authorities to show that
Cooper bad 10 right such as lie had set
up here.
Mr. Ayers bad not concluded his
when at 3:lj O'Clock it was
determined to adjourn court until 10
A. NJ. to-day. Re viii continue this
morning. Ills presentation yesterday
of the Commonweath's case was clear
and strong. His speech won for him
cordial conGratulation from many mem
Lors OF the bar.
TIE LCUDOUE CASE.
Mr.. McCabe, the Commonwealth
attorney for Loudoun county, is here
ready to defend the case against him
self. He. too, is ruled for contempt !;
but inasmuch as the injunction was
never served upon him, it is hardly
possible tLat he can be punished for
The notice was served upon
his predecessorin oilice-not upon him.
Answer Of John Scott. Of Fauquier,
go Judge Bonds Rule.
i'm Evqh l.. Eond. Judgc cfhe Circuit Court
cfNe tuitca suites .f,T 'he Eastern Disfrtct y
I1Giain, al dhe Court-HoUss ia Richmond;
May it Please Your Honor,-In compliance
with Il rule issued by your Honor against me
10 show cause lcfOIe your Honor az the court
house iu kicAn oud on q Pa day Of Septom-
J. en-, 1857, as II O'Clock \. VI. Of that day, why
should nos le CttHchCd for contempt In disre-
garclng a certain restraining order Of Your
AcIor made ia tie cause Of james p. Cooper,
j.. Il. Becton, f.. j. Burt, q az. ca. Morton
Maryc. Auditor, &c, X. 4. Ayers, Attorney
General, &c, GO Gie., On TIE 9th day OF June,
1881, | appear now In your UOuOrs court aud
tubmit this paper, which contains my answer
10 the snid rule. Your HOnor's restraining or
der forbade me as Commonwealth ) attorney
Ter the county Of Fauquior 10 discharge GER
tam duties imposed upon me as one Of the
COmmOuwcalths attorneys Of the state OF VIZ
ginie bl Il statute Of the Legis ldturc approved
ly the Governor May -. 1887. which IN its four
G cuth section provides, In case Ot dis)bedience
by any officer 70 IT, penalty OF not less Than
tlCJ nOl moro Than $3.50.
As your Honor well knows, 10 Is a principle
recognized by publicigts OF al civilized c0un-
tries az he foundation CT political life that a
citizen or subject doing an act onjOinel upon
J M ly tho State Il covered by the pauoply ~
The State ana Is exempt from every degree of
per 0nal responsibility except 90 his own sOye-
reign. As a state can act only through the
agency Of individuals This immunity is neces-
sary 60 eneble IL TO preserve itsen and perform
iis other high functions.
An example ~ the application OF this public
law occurs IN the history of the Unitod states
iu the case Of the State Of New York against
NcCloud a British subject. who was released
from prison 10y the direction Of Mr.. Webster,
SecIctary Of state, ordering a n0ls prOSeqW al
dressed 10 the Attorney-General Of the state u
Now York. IL WIS command OF the political
power addressed 20 the judicial power, and was
based on tie fact that McClOud's action hal
teen adopted by tho British Government, as
one performed by its authority. Websters
works.
Tho principle Of exemption referred TO up
plies with all its force 90 the states OF the
American Union and TO their agents, for these
states are admitted 70 be bodies polite In the
highest ard completcst sense Of the words
Poindexter Is. Greeuhow, III United States
Reports, page 2oS.
Butft l. made a condition 20 enable defend
ant to avail himself Of the exemption that 1T Is
necessary for him 60 produce law Of the State
which const titutes his commiss ion as Its agent
and the warrant for his act" III.
With this condition comply now by direct
Ing your Honors attention % the law OF Nir-
rii Ia, before referred 70, and 70 the third sec
ton, which is IN these words: Tho proceeding
-hnll be py motion ia the name OF the Com
on ten days notice, and shall DC
instituted and prosecuted by the attorney Tor
The Commonwealth Of the county or corpora
fion In which the proceeding Is, or II It be in
stItuted by direction OF The Auditor Of Public
Accounts, In the Circuit Court Of the city OF
This Get Of Assembly was passed obviously
win the design u induce the holders OF tax
receivable coupons 10 submit them for indenu-
qcaiion and veriiication, as required Dy the pre-
lions act of January IL, 1882, the condition upon
which the Commonwealth allowed her trea-
surers 70 receive the coupons for taxes.
This law he's teen examir ed by the supreme
Court Of the United States IN Antoni %. Green
low. and il was decided by that tinal arbiter 20
he in accordance with the Constitution. lOi
United states Reports. page 40
me statute % which have referred IN iusti-
ecstion of my acts being designed simply TO
rendera previous statute effectual, must DO ro-
earded ns equally constitutional with II, for the
me ans are appropriate. and therefore ought u
,,rofect me from the censures Of this court.
But In very high quarter Il Il contenied
,het n the slate law which the agent or OIL
.cr otcys DO subsequently held TO be unc0n-
.tituti1nal by the court trying the case u be-
.Smes a nulity and does not protect the ofiicer
from penal consequences, Tor only those laws